ORDINANCE NO. 2437

BY: ________________________________

AN ORDINANCE AMENDING ORDINANCE 1799 TO CHANGE THE LEGAL DESCRIPTION TO INCLUDE ONLY THE PROPERTY AT 701 EAST PUETZ ROAD

(3rd Aldermanic District)

            WHEREAS, on May 16, 1995 the City of Oak Creek Common Council adopted Ordinance No. 1799, amending the conditions and restrictions contained in Resolution Nos. 563-030663 and 592-041663 for a residential planned development, and

            WHEREAS, the City intended, with the adoption of Ordinance No. 1799, to govern the development of the property at 701 East Puetz Road, and

            WHEREAS, the legal description included in Ordinance No. 1799 is as follows:

Commencing at the Northeast corner of the NW 1/4 of Section 21-5-22; running thence S 89° 00’ 45” W, along the North line of said 1/4 Section 1,300.19 feet to a point; thence South and parallel to the east line of said 1/4 Section 1,324.35 feet to a point in the south line of the North 1/2 of said 1/4 Section; thence N 89° 02’ 08” E along the south line of the North 1/2 of said 1/4 Section 1,300.18 feet to a point in the East line of said 114 Section; thence North along said east line 1,324.88 feet to the place of commencement, and incorrectly and inadvertently also included the property at 8828 S. Oak Park Drive (the “Oak Park Apartments property”),and

            WHEREAS, Oak Park Apartments, Inc. has petitioned the City of Oak Creek to amend the legal description in Ordinance No. 1799 to include only the property at 701 East Puetz Road, more precisely described as follows:

Commencing at the northeast corner of the northeast ¼ of Section 21-5-22; thence S89º 26’ 49”W, 710.17 feet; thence S00º 33’ 11”E, 70.27 feet to the point of beginning of the lands to be described; thence S02º 40’ 47”E, 65.00 feet; thence S61º 03’ 58”W, 108.62 feet; thence southeasterly 329.03 feet along the arc of a curve having a radius of 350 feet and whose chord bears S05º 06’ 42”E; thence S21º 49’ 13”W, 175.00 feet; thence southwesterly 125.48 feet along the arc of a curve having a radius of 245 feet and whose chord bears S07º 07’ 54”W; thence N82º 28’ 33”E, 140.00 feet; thence S20º 30’ 27”E, 124.39 feet; thence S29º 33’ 43”W, 135.00 feet; thence southeasterly 85.55 feet along the arc of a curve having a radius of 217.99 feet and whose chord bears S71º 40’ 48”E; thence S82º55’ 19”E, 71.55 feet; thence S07º 04’ 41”W, 60.00 feet; thence S83º 25’ 29”E, 52.35 feet; thence S00º 26’ 56”W, 216.51 feet; thence N89º 28’ 54”E, 486.09 feet; thence N00º 26’ 10”E, 1254.07 feet; thence S89º 26’ 47”W, 658.79 feet to the point of beginning (having since been recorded as Parcels 1, 2, 3 and 4 of Certified Survey Map No. 7841).

            WHEREAS, the Plan Commission reviewed the application and recommended that the amended legal description be approved; and

            WHEREAS, the Common Council held a public hearing on said application on December 5, 2006, at which time all interested parties appeared and were heard; and

            WHEREAS, following said public hearing and upon consideration of the favorable recommendation of the Plan Commission, the Common Council is of the opinion that the best interests of the City would be served if the ordinance was amended to include the legal description for the lands hereinabove described.

            NOW, THEREFORE, the Common Council of the City of Oak Creek does hereby ordain as follows:

SECTION 1: To promote the general welfare, public safety and general planning within the City of Oak Creek, Ordinance No.1799 is hereby amended to include only the lands hereinabove described and the Zoning Map of Chapter 17 of the Municipal Code is hereby amended to reflect the rezoning.

SECTION 2: All ordinances or parts of ordinances and Zoning District Maps made a part of Chapter 17 of the Municipal Code of the City of Oak Creek in conflict herewith are hereby repealed.

SECTION 3: The several sections of this ordinance are declared to be severable. If any section shall be declared, by a decision of a court of competent jurisdiction, to be invalid, such decision shall not affect the validity of other provisions of this ordinance.

SECTION 4: The rezoning shall take place contemporaneously with the enactment of this ordinance and shall take effect immediately upon its passage and publication.

Introduced this 5th day of December, 2006.

Passed and adopted this ______ day of __________________, 2006.

                                                                                    ____________________________________

                                                                                    President, Common Council

Approved this ______ day of __________________, 2006.

                                                                                    ____________________________________
ATTEST:                                                                     Mayor

__________________________________                VOTE:             Ayes_____      Noes______
City Clerk